28
76-6-602, as enacted by Chapter 78, Laws of Utah 1979
29
76-6-603, as enacted by Chapter 78, Laws of Utah 1979
30
76-6-606, as last amended by Chapter 236, Laws of Utah 2000
31
ENACTS:
32
76-6-602.3, Utah Code Annotated 1953
33
76-6-602.5, Utah Code Annotated 1953
34
76-6-609, Utah Code Annotated 1953
35
36
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-6-601
is amended to read:
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76-6-601. Definitions.
39
As used in this chapter:
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(1) "Merchandise" means any personal property displayed, held, or offered for sale by a
41
retail merchant.
42
(2) "Merchant" means an owner or operator of any retail [mercantile] establishment
43
where merchandise is displayed, held, or offered for sale and includes the merchant's
44
employees[, servants] or agents.
45
(3) "Minor" means any unmarried person under 18 years of age.
46
(4) "Peace officer" [has the same meaning as provided] means a certified peace officer
47
as defined in Title 53, Chapter 13, Peace Officer Classifications.
48
(5) "Premises of a retail [mercantile] establishment" includes[, but is not limited to,]
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the retail [mercantile] establishment[;], any common use areas in shopping centers, and all
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parking lots or areas set aside for the [benefit] use of [those] patrons of the retail [mercantile]
51
establishment.
52
(6) "Retail [mercantile] establishment" means any place where merchandise is
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displayed, held, or offered for sale to the public.
54
(7) "Retail property fence" means a person or business that buys retail merchandise
55
knowing or having reason to believe that the retail merchandise is stolen.
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[(7)] (8) "Retail value" means the merchant's stated or advertised price of the
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merchandise, including applicable state and local taxes.
58
[(8)] (9) "Shopping cart" means [those] push carts of the types [which are] commonly

59
provided by grocery stores, drug stores, or other [mercantile] retail establishments or markets
60
for the use of the public in transporting commodities in [stores and markets] a store from the
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store to a place outside the store.
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[(9)] (10) "Under-ring" means to cause the cash register or other sales recording device
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to reflect less than the retail value of the merchandise.
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Section 2.
Section
76-6-602
is amended to read:
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76-6-602. Retail theft.
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A person commits the offense of retail theft when he knowingly:
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(1) takes possession of, conceals, carries away, transfers, or causes to be carried away
68
or transferred, any merchandise displayed, held, stored, or offered for sale in a retail
69
[mercantile] establishment with the intention of retaining [such] the merchandise or with the
70
intention of depriving the merchant permanently of the possession, use, or benefit of [such] the
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merchandise without paying the retail value of [such] the merchandise; [or]
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(2) alters, transfers, or removes any label, price tag, marking, indicia of value, or any
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other markings which aid in determining value of any merchandise displayed, held, stored, or
74
offered for sale[,] in a retail [mercantile] establishment and attempts to purchase [such] the
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merchandise personally or in consort with another at less than the retail value with the intention
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of depriving the merchant of the retail value of [such] the merchandise; [or]
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(3) transfers any merchandise displayed, held, stored, or offered for sale in a retail
78
mercantile establishment from the container in or on which [such] the merchandise is displayed
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to any other container with the intention of depriving the merchant of the retail value of [such]
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the merchandise; [or]
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(4) under-rings with the intention of depriving the merchant of the retail value of the
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merchandise; or
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(5) removes a shopping cart from the premises of a retail [mercantile] establishment
84
with the intent of depriving the merchant of the possession, use, or benefit of [such] the cart.
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Section 3.
Section
76-6-602.3
is enacted to read:
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76-6-602.3. Organized retail theft.
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(1) A person commits the offense of organized retail theft when the person:
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(a) (i) commits more than one act of retail theft resulting in a total retail value of
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$1,000 or more within any 180-day period;

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(ii) acts in conjunction with another person in committing the retail theft; and
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(iii) takes or causes the retail merchandise to be moved to, transferred to, or otherwise
92
placed in the control of a retail property fence; or
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(b) receives, possesses, conceals, stores, barters, sells, or disposes of any retail
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merchandise that the person knows or has reason to know has been obtained in violation of
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Subsection (1)(a) or Section
76-6-602
.
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(2) It is not a defense to a charge of violating Subsection (1)(b) that the property was
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obtained by means other than through the commission of a retail theft offense if the property
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was explicitly represented to the accused person as being obtained through the commission of a
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retail theft offense.
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Section 4.
Section
76-6-602.5
is enacted to read:
101
76-6-602.5. Aggregation of charges -- Venue for prosecution.
102
(1) Multiple violations of Section
76-6-602.3
committed within a period of 180 days
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may be aggregated into a single offense, and the degree of the single offense is determined by
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the total value of the retail merchandise:
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(a) obtained or sought to be obtained under Subsection
76-6-602.3
(1)(a); or
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(b) received or otherwise possessed in violation of Subsection
76-6-602.3
(1)(b).
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(2) Prosecution for a single offense of aggregated violations under Subsection (1) may
108
be commenced in any jurisdiction where one or more of the aggregated offenses occurred.
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Section 5.
Section
76-6-603
is amended to read:
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76-6-603. Detention of suspected violator by merchant -- Purposes.
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(1) Any merchant who has probable cause to believe that a person has committed retail
112
theft or organized retail theft may detain [such] the person, on or off the premises of a retail
113
mercantile establishment, in a reasonable manner and for a reasonable length of time [for all or
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any of the following purposes]:
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[(1)] (a) to make reasonable inquiry as to whether [such] the person has in his
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possession unpurchased merchandise and to make reasonable investigation of the ownership of
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[such] the merchandise;
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[(2)] (b) to request identification;
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[(3)] (c) to verify [such] the identification;
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[(4)] (d) to make a reasonable request of [such] the person to place or keep in full view

121
any merchandise [such individual] the person may have removed, or which the merchant has
122
reason to believe [he] the person may have removed, from its place of display or elsewhere,
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whether for examination, purchase, or for any other reasonable purpose;
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[(5)] (e) to inform a peace officer of the detention of the person and surrender that
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person to the custody of a peace officer; and
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[(6)] (f) in the case of a minor, to inform a peace officer, the parents, guardian, or other
127
private person interested in the welfare of that minor immediately, if possible, of this detention
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and to surrender custody of [such] the minor to [such] the person informed by the merchant.
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(2) A merchant may make a detention as [permitted herein] allowed under this section
130
off the premises of a retail [mercantile] establishment only if [such] the detention is pursuant to
131
an immediate pursuit of [such] the person.
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Section 6.
Section
76-6-606
is amended to read:
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76-6-606. Penalties.
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(1) An act of retail theft committed in violation of this part shall be punished in
135
accordance with Subsection
76-6-412
(1).
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(2) An act of organized retail theft committed in violation of Section
76-6-602.3
shall
137
be punished as one degree higher than the penalty for retail theft under Subsection
76-6-412
(1).
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(3) Any person convicted of organized retail theft under Section
76-6-602.3
who,
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within the immediately preceding four years was convicted two or more times of retail theft
140
under Section
76-6-602
or organized retail theft under Section
76-6-602.3
shall be sentenced to
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incarceration, without any suspension of the sentence, for a term of not less than 30 days.
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Section 7.
Section
76-6-609
is enacted to read:
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76-6-609. Forfeiture of retail merchandise and proceeds.
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All retail merchandise and proceeds from retail merchandise obtained, received, or
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disposed of, or otherwise possessed in violation of this part are subject to Title 24, Chapter 1,
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Utah Uniform Forfeiture Procedures Act.

Legislative Review Note
as of 1-18-06 4:17 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.